Difference between revisions of "File Your Own Divorce in Florida"
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== Steps == | == Steps == | ||
===Satisfying the Requirements=== | ===Satisfying the Requirements=== | ||
| − | #Be sure the marriage is irretrievably broken. Florida no longer requires “fault” for a divorce. Instead, both parties must claim that the marriage is “irretrievably broken.”<ref>http://www.floridabar.org/tfb/tfbconsum.nsf/48e76203493b82ad852567090070c9b9/50c0b911a9cb28fd85256b2f006c5ba9</ref> | + | #Be sure the marriage is irretrievably broken. Florida no longer requires “fault” for a divorce. Instead, both parties must claim that the marriage is “irretrievably broken.”<ref name="rf1">http://www.floridabar.org/tfb/tfbconsum.nsf/48e76203493b82ad852567090070c9b9/50c0b911a9cb28fd85256b2f006c5ba9</ref> |
#* Fault may be considered later, when deciding alimony, equitable division of marital property, and child custody. | #* Fault may be considered later, when deciding alimony, equitable division of marital property, and child custody. | ||
| − | #Satisfy residency requirements. In order to get a divorce in Florida, one party must have been a resident of the state for the preceding 6 months.<ref | + | #Satisfy residency requirements. In order to get a divorce in Florida, one party must have been a resident of the state for the preceding 6 months.<ref name="rf1" /> |
| − | #Take an online class. Couples who have children must take an online course before filing for divorce. Sometimes the children must also take a course specially designed for them.<ref | + | #Take an online class. Couples who have children must take an online course before filing for divorce. Sometimes the children must also take a course specially designed for them.<ref name="rf1" /> |
| − | #* One recommended Parent Education and Family Stabilization Course costs $19.95. You should expect to pay a fee for the class.<ref>http://www.floridaparentingclass.com/</ref> | + | #* One recommended Parent Education and Family Stabilization Course costs $19.95. You should expect to pay a fee for the class.<ref name="rf2">http://www.floridaparentingclass.com/</ref> |
#* If you are getting a Simplified Divorce, then you do not have to take this class (because a requirement of a Simplified Divorce is that you have no children). | #* If you are getting a Simplified Divorce, then you do not have to take this class (because a requirement of a Simplified Divorce is that you have no children). | ||
#* You should contact the court clerk with questions about the specific course approved for your county. | #* You should contact the court clerk with questions about the specific course approved for your county. | ||
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#Think about hiring a lawyer. A divorce is a stressful experience, and an experienced family law attorney can help relieve your stress by handling all of the paperwork necessary to file for divorce. You can find a reputable family law attorney by visiting the [http://www.floridabar.org/lawyerreferral referral service] available at the Florida Bar Association’s website. | #Think about hiring a lawyer. A divorce is a stressful experience, and an experienced family law attorney can help relieve your stress by handling all of the paperwork necessary to file for divorce. You can find a reputable family law attorney by visiting the [http://www.floridabar.org/lawyerreferral referral service] available at the Florida Bar Association’s website. | ||
#*Florida attorneys can be certified as specialists in Marital and Family law. You should look at an attorney’s website to see if he or she is certified as a specialist. | #*Florida attorneys can be certified as specialists in Marital and Family law. You should look at an attorney’s website to see if he or she is certified as a specialist. | ||
| − | #* If costs are a concern, be aware that Florida courts are empowered to award attorney’s fees to a party, particularly when the spouses are in different financial positions.<ref>http://www.sandytfox.com/lawyer-attorney-1444238.html</ref> If you have far less financial resources than your spouse, you may be able to qualify for this fee shifting. | + | #* If costs are a concern, be aware that Florida courts are empowered to award attorney’s fees to a party, particularly when the spouses are in different financial positions.<ref name="rf3">http://www.sandytfox.com/lawyer-attorney-1444238.html</ref> If you have far less financial resources than your spouse, you may be able to qualify for this fee shifting. |
#* A Simplified Divorce is designed so that no attorney is necessary, though you may have one if you prefer. Because no children are involved in a Simplified Divorce, you may only want to speak to an attorney if you have questions about how to divide marital property. | #* A Simplified Divorce is designed so that no attorney is necessary, though you may have one if you prefer. Because no children are involved in a Simplified Divorce, you may only want to speak to an attorney if you have questions about how to divide marital property. | ||
#Come to an agreement on child custody. If possible, you and your spouse should attempt to meet and decide on child custody. A joint stipulation on custody issues will be honored by the court if the court finds that it is in the best interest of the child. | #Come to an agreement on child custody. If possible, you and your spouse should attempt to meet and decide on child custody. A joint stipulation on custody issues will be honored by the court if the court finds that it is in the best interest of the child. | ||
#*In the absence of an agreement, the court will have to hold a trial. A trial can be time-consuming, expensive, and stressful. Also, people’s positions tend to harden throughout a trial, making it difficult to work with the other parent after the trial has ended and custody has been awarded. | #*In the absence of an agreement, the court will have to hold a trial. A trial can be time-consuming, expensive, and stressful. Also, people’s positions tend to harden throughout a trial, making it difficult to work with the other parent after the trial has ended and custody has been awarded. | ||
| − | #Draft a marital settlement agreement. Before filing for a “simplified divorce,” you will need to have come to agreement on a marital settlement. Marital property includes real estate, cars, retirement benefits, stocks, bonds, cash, bank accounts, and anything else of value.<ref | + | #Draft a marital settlement agreement. Before filing for a “simplified divorce,” you will need to have come to agreement on a marital settlement. Marital property includes real estate, cars, retirement benefits, stocks, bonds, cash, bank accounts, and anything else of value.<ref name="rf1" /> |
| − | #* The division of property must be “equitable.” This means that the property should be divided fairly, not necessarily equally. A court will decide whether your division is equitable by considering the duration of the marriage, the contribution of each spouse to the marriage, and the economic circumstances.<ref | + | #* The division of property must be “equitable.” This means that the property should be divided fairly, not necessarily equally. A court will decide whether your division is equitable by considering the duration of the marriage, the contribution of each spouse to the marriage, and the economic circumstances.<ref name="rf1" /> |
#* A form approved by the Florida Supreme Court is [http://www.floridadivorce.com/settlement%20agreement%20with%20no%20kids.pdf here]. | #* A form approved by the Florida Supreme Court is [http://www.floridadivorce.com/settlement%20agreement%20with%20no%20kids.pdf here]. | ||
===Filing for Regular Dissolution of Marriage=== | ===Filing for Regular Dissolution of Marriage=== | ||
| − | #Locate the correct court. You must file in the circuit court for the county where you last lived as a married couple or in the county where either party currently resides.<ref | + | #Locate the correct court. You must file in the circuit court for the county where you last lived as a married couple or in the county where either party currently resides.<ref name="rf1" /> |
| − | #Draft a dissolution of marriage petition. You initiate divorce proceedings by filing a petition in the court. In the petition, you ask the court for the divorce. Either spouse may file.<ref | + | #Draft a dissolution of marriage petition. You initiate divorce proceedings by filing a petition in the court. In the petition, you ask the court for the divorce. Either spouse may file.<ref name="rf1" /> |
#* The Florida Supreme Court has approved various petition forms for divorces: a divorce without children or property ([http://www.flcourts.org/core/fileparse.php/533/urlt/901b3.pdf here]), a divorce with property but no children ([http://www.floridadivorce.com/petition%20for%20divorce%20with%20property%20but%20no%20kids.pdf here]), or a divorce with children ([http://www.flcourts.org/core/fileparse.php/533/urlt/901b1.pdf here]). | #* The Florida Supreme Court has approved various petition forms for divorces: a divorce without children or property ([http://www.flcourts.org/core/fileparse.php/533/urlt/901b3.pdf here]), a divorce with property but no children ([http://www.floridadivorce.com/petition%20for%20divorce%20with%20property%20but%20no%20kids.pdf here]), or a divorce with children ([http://www.flcourts.org/core/fileparse.php/533/urlt/901b1.pdf here]). | ||
#Fill out additional forms. You will also have to fill out an Affidavit of Corroborating Witness, a Marital Settlement Agreement, Notice of Social Security Number, Family Law Financial Affidavit, and Certificate of Compliance with Mandatory Disclosure. | #Fill out additional forms. You will also have to fill out an Affidavit of Corroborating Witness, a Marital Settlement Agreement, Notice of Social Security Number, Family Law Financial Affidavit, and Certificate of Compliance with Mandatory Disclosure. | ||
| − | #* If you have children or the wife is pregnant, then you must also file the following forms: the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Child Support Guidelines Worksheet, and a Parenting Plan.<ref>http://www.flcourts.org/core/fileparse.php/533/urlt/901b1.pdf</ref> | + | #* If you have children or the wife is pregnant, then you must also file the following forms: the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Child Support Guidelines Worksheet, and a Parenting Plan.<ref name="rf4">http://www.flcourts.org/core/fileparse.php/533/urlt/901b1.pdf</ref> |
#*All of these forms are available at this [http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/family-law-forms.stml#901 website]. | #*All of these forms are available at this [http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/family-law-forms.stml#901 website]. | ||
#File the petition. You (or your attorney) should take the petition as well as any supporting documentation and file it with the clerk of court. You will also have to pay a fee, which varies depending on the court. | #File the petition. You (or your attorney) should take the petition as well as any supporting documentation and file it with the clerk of court. You will also have to pay a fee, which varies depending on the court. | ||
| − | #* For example, the fee in Hillsborough County is $408.00.<ref>http://www.hillsclerk.com/publicweb/Family_Law_Fees.aspx</ref> | + | #* For example, the fee in Hillsborough County is $408.00.<ref name="rf5">http://www.hillsclerk.com/publicweb/Family_Law_Fees.aspx</ref> |
| − | #*If you cannot afford the filing fee, ask for an Application for Determination of Civil Indigent Status from the clerk.<ref>http://www.flcourts.org/core/fileparse.php/533/urlt/901b3.pdf</ref> | + | #*If you cannot afford the filing fee, ask for an Application for Determination of Civil Indigent Status from the clerk.<ref name="rf6">http://www.flcourts.org/core/fileparse.php/533/urlt/901b3.pdf</ref> |
| − | #Serve notice on your spouse. You must give your spouse notice that you have filed a petition for dissolution of marriage so that he or she can answer the petition within 20 days.<ref | + | #Serve notice on your spouse. You must give your spouse notice that you have filed a petition for dissolution of marriage so that he or she can answer the petition within 20 days.<ref name="rf1" /> The most common methods of service are personal service and constructive service. You cannot serve by mail or hand delivery.<ref name="rf7">http://www.flcourts.org/core/fileparse.php/293/urlt/910a.pdf</ref> |
#* If you know where you spouse is, you should serve the papers personally. You should fill out a [http://www.flcourts.org/core/fileparse.php/293/urlt/910a.pdf Summons] and a Process Service [http://www.flcourts.org/core/fileparse.php/533/urlt/910b.pdf Memorandum]. You will need your spouse’s home and work address. | #* If you know where you spouse is, you should serve the papers personally. You should fill out a [http://www.flcourts.org/core/fileparse.php/293/urlt/910a.pdf Summons] and a Process Service [http://www.flcourts.org/core/fileparse.php/533/urlt/910b.pdf Memorandum]. You will need your spouse’s home and work address. | ||
| − | #* You will then need to ask the clerk to help schedule service by the sheriff. If your spouse lives in the same county as where the court is located, then you can have the local sheriff serve notice for a fee. The fee can only be paid with cashier’s check or a money order.<ref | + | #* You will then need to ask the clerk to help schedule service by the sheriff. If your spouse lives in the same county as where the court is located, then you can have the local sheriff serve notice for a fee. The fee can only be paid with cashier’s check or a money order.<ref name="rf7" /> You must also include a self-addressed stamped envelope.<ref name="rf7" /> After service, the sheriff will send proof of service to you. |
| − | #* If your spouse lives in a different county, then the clerk will send the papers to the sheriff in the other county.<ref | + | #* If your spouse lives in a different county, then the clerk will send the papers to the sheriff in the other county.<ref name="rf7" /> |
| − | #* Personal service is recommended. Constructive service (by publication) is available if you cannot locate your spouse or if he or she lives in a different state. Talk to the clerk, as your remedies will be limited if you do not personally serve the spouse.<ref | + | #* Personal service is recommended. Constructive service (by publication) is available if you cannot locate your spouse or if he or she lives in a different state. Talk to the clerk, as your remedies will be limited if you do not personally serve the spouse.<ref name="rf7" /> |
===Using the Simplified Divorce Procedure=== | ===Using the Simplified Divorce Procedure=== | ||
| − | #Meet the prerequisites. To use the simplified divorce procedure, you must meet specific requirements. If you cannot satisfy the requirements, then you must file for regular divorce. The prerequisites are:<ref>http://www.flcourts.org/core/fileparse.php/293/urlt/901a.pdf</ref> | + | #Meet the prerequisites. To use the simplified divorce procedure, you must meet specific requirements. If you cannot satisfy the requirements, then you must file for regular divorce. The prerequisites are:<ref name="rf8">http://www.flcourts.org/core/fileparse.php/293/urlt/901a.pdf</ref> |
#* You and your spouse agree the marriage cannot be saved. | #* You and your spouse agree the marriage cannot be saved. | ||
#* You cannot have any minor or dependent children from the marriage, and the wife cannot be pregnant. | #* You cannot have any minor or dependent children from the marriage, and the wife cannot be pregnant. | ||
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#Fill out a simplified marital settlement agreement. A form approved by the Florida Supreme Court for simplified divorces is located [http://www.floridadivorce.com/settlement%20agreement%20simple%20divorce.pdf here]. | #Fill out a simplified marital settlement agreement. A form approved by the Florida Supreme Court for simplified divorces is located [http://www.floridadivorce.com/settlement%20agreement%20simple%20divorce.pdf here]. | ||
#* In this form, you will list the property (and its value) that each spouse will receive. Property includes cash, stocks, real estate, automobiles, retirement plans, and life insurance benefits. | #* In this form, you will list the property (and its value) that each spouse will receive. Property includes cash, stocks, real estate, automobiles, retirement plans, and life insurance benefits. | ||
| − | #*Each party must sign this document in front of a notary.<ref> http://www.flcourts.org/core/fileparse.php/293/urlt/902f3.pdf</ref> Although you do not have to sign it together, you can both sign it in front of a notary at the court house when you go to file your petition for dissolution of marriage. | + | #*Each party must sign this document in front of a notary.<ref name="rf9"> http://www.flcourts.org/core/fileparse.php/293/urlt/902f3.pdf</ref> Although you do not have to sign it together, you can both sign it in front of a notary at the court house when you go to file your petition for dissolution of marriage. |
| − | #* The agreement does not operate to transfer title. If you need to transfer title to property (such as land), then you will need to get the deed.<ref>http://www.flcourts.org/core/fileparse.php/293/urlt/902f3.pdf</ref> | + | #* The agreement does not operate to transfer title. If you need to transfer title to property (such as land), then you will need to get the deed.<ref name="rf10">http://www.flcourts.org/core/fileparse.php/293/urlt/902f3.pdf</ref> |
#* Similarly, the marital settlement agreement does not change whose name any spousal debts (such as a mortgage) are in. | #* Similarly, the marital settlement agreement does not change whose name any spousal debts (such as a mortgage) are in. | ||
#File the divorce application with the clerk of court. Both spouses must go to the clerk’s office in order to file. Be sure to each bring a valid photo identification. | #File the divorce application with the clerk of court. Both spouses must go to the clerk’s office in order to file. Be sure to each bring a valid photo identification. | ||
| − | #* Check with the court clerk whether both spouses must go together. Miami-Dade requires that you both attend to file the petition together.<ref>http://www.miami-dadeclerk.com/families_divorce_simple.asp</ref> However, this is not a requirement of the Florida Supreme Court,<ref | + | #* Check with the court clerk whether both spouses must go together. Miami-Dade requires that you both attend to file the petition together.<ref name="rf11">http://www.miami-dadeclerk.com/families_divorce_simple.asp</ref> However, this is not a requirement of the Florida Supreme Court,<ref name="rf8" /> so requirements may vary by county. |
#* Supply a witness to corroborate residency. The witness must have a valid photo identification. The witness must corroborate that at least one partner has lived in Florida for at least six months. A notarized certificate from the witness, rather than a personal appearance, is acceptable. | #* Supply a witness to corroborate residency. The witness must have a valid photo identification. The witness must corroborate that at least one partner has lived in Florida for at least six months. A notarized certificate from the witness, rather than a personal appearance, is acceptable. | ||
| − | #Pay a filing fee. The cost of a simplified divorce can vary slightly by county, but should run about $408.<ref> http://www.escambiaclerk.com/clerk/coc_simplified_dissolution.aspx</ref> Call ahead to find out acceptable methods of payment. | + | #Pay a filing fee. The cost of a simplified divorce can vary slightly by county, but should run about $408.<ref name="rf12"> http://www.escambiaclerk.com/clerk/coc_simplified_dissolution.aspx</ref> Call ahead to find out acceptable methods of payment. |
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== Tips == | == Tips == | ||
